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Open Carry on Personally Owned Property?
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Patiwack0
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Joined: Wed Jul 30th, 2008
Location: Florence, SC
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 Posted: Fri Dec 5th, 2008 04:54 am
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Is it legal to OC on your own property in SC?  i.e. my own yard, driveway, house, etc.

Doug Huffman
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Location: Galt's Gulch, Wisconsin USA
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 Posted: Fri Dec 5th, 2008 01:55 pm
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UH Oh!  I don't know of a South Carolina State Statute that allows one to carry on ones personally owned private property.

Somewhere here http://www.scstatehouse.net/ is a URL that will alow you to research the statutes yourself.


PT111
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Joined: Tue Jul 31st, 2007
Location: South Carolina USA
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 Posted: Fri Dec 5th, 2008 09:00 pm
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Patiwack0 wrote: Is it legal to OC on your own property in SC?  i.e. my own yard, driveway, house, etc.


Yes. 


SECTION 16-23-20. Unlawful carrying of handgun; exceptions.
It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:

(8) a person in his home or upon his real property or a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;



Patiwack0
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 Posted: Sat Dec 6th, 2008 02:03 am
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Thank you sir! I was positive I had read it, but in trying to find it, I drew a brick wall..I have been carrying at home and outside on my property, then going CC when departing. I began to doubt myself....hence my question...Thanks again.

PT111
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Location: South Carolina USA
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 Posted: Sat Dec 6th, 2008 02:32 am
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At first SC law on handguns can be confusing.  Sec. 16-23-20 covers where it is legal to carry a handgun and makes no distinction between open or concealed and that is what throws people off on understanding it.  For instance while hunting you can OC or CC, as long as you have a hunting license.  It does not make any difference.

A CWP makes in legal to carry concealed in all other places except those defined in Section 16-31 Article 4. 

These apply to handguns only and not to long guns, knives etc.

jchantelau
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 Posted: Fri Feb 6th, 2009 03:40 am
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I'm sure this has been posted before but here is a good resource for the SC laws.

http://www.handgunlaw.us/states/southcarolina.pdf

AllAmerican
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Joined: Wed Nov 12th, 2008
Location: Chesterfield, South Carolina USA
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 Posted: Fri Feb 6th, 2009 03:30 pm
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I open carry on my property all the time. It is not illegal to do so.

thejax
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Location: Delaware County, Pennsylvania, USA
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 Posted: Tue May 12th, 2009 07:31 pm
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Here is a good question.  Its probably obvious but I was curious.

What if a gun owner lives in an apartment complex?  Can they open carry all the way to the parking lot owned but the company leasing the apartment or does that exception end at the front door and any other part of personally leased space?

I mean because technically the property owned by the leasing company in an apartment complex is private property.  Its just not YOUR proerty, yet you have permission to be there due to a lease.  As I have permission to be in the parking lot or the pool, just not in other people's personally leased space.

My assumption is it only pertains to the leased space you are paying rent for.  Whats your opinion on this?

Hef
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Joined: Sun Sep 16th, 2007
Location: Hilton Head, South Carolina USA
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 Posted: Tue May 12th, 2009 08:02 pm
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thejax wrote: Here is a good question.  Its probably obvious but I was curious.

What if a gun owner lives in an apartment complex?  Can they open carry all the way to the parking lot owned but the company leasing the apartment or does that exception end at the front door and any other part of personally leased space?

I mean because technically the property owned by the leasing company in an apartment complex is private property.  Its just not YOUR proerty, yet you have permission to be there due to a lease.  As I have permission to be in the parking lot or the pool, just not in other people's personally leased space.

My assumption is it only pertains to the leased space you are paying rent for.  Whats your opinion on this?


Perfectly legal between your apartment door and your vehicle in the parking lot. Not legal to walk out to the mailboxes.

thejax
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Location: Delaware County, Pennsylvania, USA
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 Posted: Tue May 12th, 2009 08:10 pm
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Hef wrote: thejax wrote: Here is a good question.  Its probably obvious but I was curious.

What if a gun owner lives in an apartment complex?  Can they open carry all the way to the parking lot owned but the company leasing the apartment or does that exception end at the front door and any other part of personally leased space?

I mean because technically the property owned by the leasing company in an apartment complex is private property.  Its just not YOUR proerty, yet you have permission to be there due to a lease.  As I have permission to be in the parking lot or the pool, just not in other people's personally leased space.

My assumption is it only pertains to the leased space you are paying rent for.  Whats your opinion on this?


Perfectly legal between your apartment door and your vehicle in the parking lot. Not legal to walk out to the mailboxes.

Why is that?  Is that because I intending on going on a journey with a destination and going to the mailboxes is not?  Throw me a bone here.

Hef
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Joined: Sun Sep 16th, 2007
Location: Hilton Head, South Carolina USA
Posts: 247
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 Posted: Tue May 12th, 2009 11:37 pm
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thejax wrote: Hef wrote: thejax wrote: Here is a good question.  Its probably obvious but I was curious.

What if a gun owner lives in an apartment complex?  Can they open carry all the way to the parking lot owned but the company leasing the apartment or does that exception end at the front door and any other part of personally leased space?

I mean because technically the property owned by the leasing company in an apartment complex is private property.  Its just not YOUR proerty, yet you have permission to be there due to a lease.  As I have permission to be in the parking lot or the pool, just not in other people's personally leased space.

My assumption is it only pertains to the leased space you are paying rent for.  Whats your opinion on this?


Perfectly legal between your apartment door and your vehicle in the parking lot. Not legal to walk out to the mailboxes.

Why is that?  Is that because I intending on going on a journey with a destination and going to the mailboxes is not?  Throw me a bone here.

South Carolina statutes allow unlicensed carry in your home, your fixed place of business (as long as the business is not licensed to sell alcohol for on-premise consumption), your vehicle (in your glove box, center console, or a container with an integral fastener), a room for which an accommodations tax has been paid, or between your vehicle and any of the abovementioned locations. Method of carry to/from your vehicle is not specified. Carrying in public under any other conditions is only lawful when concealed and with a valid SC CWP.


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